Letter from G.W. Barbour and Redick McKee to Luke Lea, 1851

[Cover]
B. 900
O.I.A. California
G. W. Barbour
R. McKee
Comm.
Camp Gibson on the Chouchille R. Cal.
March 25/51
Report of interviews & negotiations with tribes mentioned, since theirs of 5th inst. (B904) prospects of the Commissioner, &c, &c.--Encloses copy--treaty concluded with several of the tribes.
(Com. Wozencraft absent on visit to family at San Francisco)
Copied for Sup. Beale
File
Recd 7 May 1851
Sec letter to R. McKee,
Ans 9 May 1851
7. Corres, &
[Letter P. 1]
Camp Gibson on the Chouchille River, Cal
MarcH 25th, 1851.
Hon. Luke Lea
Sir,
We wrote you from tbe Little Mariposa, under date of the 5th instant; we then apprized you that, according to agreement, we expected to meet on the 9th inst., at Fremont's old camp, on the Little Mariposa, several of the hostile tribes. On the morning of the 8th we broke up our camp, and started for the place designated for the treaty; which we reached the same evening, after a march of some twelve miles. The country through which we passed, being nearer the foot of the Sierra Nevada, assumed a more broken appearance than any through which we had hitherto travelled.
On the 9th, the day agreed upon for the meeting, but one small band or tribe of Indians came in, to wit, the Coconoons; but we learned from their chief (Nuella) that others would be in within a few days; and we determined to await their arrival. In the mean time we had several interviews with Nuella and some of his men, for the purpose of learning something of the character, manners, habits, &c., of his people. After waiting several days, the chiefs Tiposey and Bautiste (both hostile,) with portions of their respective tribes, came in. They told us that others of their tribes, principally the old men, women, and children, would be in camp in the course of a day or two.
After awaiting their arrival, and all having come
[P. 2]
in that we now had a right to expect, on the 15th inst. we met the three tribes (Coconoons, Segantes, and Potoyantes) in council. Through the interpreters we apprized them fully of the object of our mission, the policy of our government as relates to the Indian, and the particular course that we desired to take with them, &c., the substance of which we have heretofore communicated to you, and which you will again find more fully explained by the provisions of a treaty subsequently made with them and three other tribes, a copy of which we have the honor of herewith forwarding to you.
After submitting our propositions to them, we desired them to retire and consult among tbemselves upon the terms that we had proposed, and in an hour we would again meet them and learn their decision, as well as hear propositions from them, if they desired to make any. When we again met them they expressed themselves satisfied with the terms we offered, except their removal from their mountain fastnesses to the plains immediately at the foot of the mountains. We then explained to them the necessity of such a removal and location, and that we could treat with them upon no other condition, believing that if they were permitted to remam in the mountains, constant conflicts between the Indians and miners would take place; that the Indians could not, nor would they attempt
[P. 3]
to support themselves, otherwise than by stealing horses, mules and cattle from the farmers in the plains, and by depredating upon small parties of miners in the mountains. After we had explained these matters fully to them, they again consulted together, and finally agreed to remove their families to the plains, as we desired.
It was then agreed that a delegation of the Indians, accompanied by the commissioners should go the next day to the Mercede river, (on which we proposed settling them,) and examine the lands to be agreed upon for their settlement, and then return and draw up and sign a formal written treaty. Accordingly, on the 16th Dr. Wozcncraft and Mr. Barbour, accompanied by two of the Indian chiefs, started for the Mercede river: on reaching the river they were met by a courier with a note from Dr. Owens, on the Tuolumne river (distant some twelve to fifteen miles,) informing them that three other tribes (two hostile and one friendly) were encamped near his "ranch," and desired to treat with the commissioner. These tribes had promised to meet us at "Fre­mont's camp," near the Mariposa, on the 9th, but had failed to do so; and fearing the consequences of their failure to meet us as they had promised, no doubt they adopted this course of falling upon our rear, sending word that they desired now to treat, &c., and thus elude the punishment due to their crimes and bad faith, that was ready to be
[P. 4]
inflicted on them by the "State's troops," who were encamped near us, and were only awaiting the result of our meeting, as before stated.
Dr. Wozencraft, accompanied by the interpreter and two friendly Indians, immediate1y started for their camp, whilst Mr. Barbour remained to examine and point out the lands designed to settle the before-mentioned tribes upon.
Dr. Wozencraft and party returned the next day, having arranged with those tribes on the Tuolumne to meet us in two days at our camp (Fremont,) and, with the three tribes already there, consummate, if possible, a final treaty.
Mr. Barbour having in the mean time selected lands entirely satisfactory to the Indian delegation that accompanied them for that purpose, they returned to camp.
On the day agreed upon, the three tribes, to wit: the Apangasse, Aplache, and Awalache, reached our camp, and after the Indians had all feasted and danced, on the 19th inst. a treaty (the copy of which we send you) was concluded, drawn up, and, after a correct interpretation and a full explanation to them, duly and formally signed, attested, &c.
On the 20th the Six tribes under the charge and supervision of Col. McKee, of the commission, and Col. A. Johnston, agent, with a small escort, left for the new homes of those tribes;
[P. 5]
but before leaving, "run­ners" were with much difficulty obtained from them, to visit other hostile tribes, and to propose to them to meet the commissioners on the Fresno river, as soon as practicable, (say within 15 days) for the purpose of treating.
Before leaving our camp we learned that a party of the State's troops, under Captain Kuykendall, had surprised and attacked a large body of Indians on the waters of the San Joaquin river, and after killing some of them, the remainder fled, but soon after sent in messengers asking for a cessation of hostilities, and permission to burn their dead, and at the same time expressing a willingness to treat, and a desire to meet the commissioners. Capt. Kuykendall complied with their wishes, as far as was in his power, and hastened to inform us of what had taken place, and that he had arranged with those Indians to meet us on the Fresno, to which place we will move in a few days, having halted at this place only for a few days in order to get supp1ies, &c.
We earnestly hope, from the prospects now before us, that in a few weeks we will have been enabled to treat with most of the hostile tribes in this vicinity, and thus restore peace to this part of the country; but we are apprehensive that there are some two
[P. 6]
or three tribes in this portion of the State that will have to be "whipped" into terms ; yet we shall use and exhaust all mild terms before we give them over to the forces that have been sent out against them. We find them generally to be a wretchedly ignorant, indolent and degraded set of beings, scarcely capable of discriminating, in the main, between right and wrong, and consequently slow to see that it would be to their interest to make treaties and live on friendly terms with the whites: hence we desire to use all mild means before resorting to harsh ones to bring them to terms.
Col. McKee has just returned from locating those tribes with whom we have treated, on lands set apart for them. He reports them as being well pleased with their new homes, and the whites living in the vicinity as having expressed a willingness, as far as in their power, to aid and further the benevolent designs contemplated in the treaty.
Our success heretofore has been much retarded and our movements slow, from the fact that the deadliest hostility existed between the whites and Indians ; and the latter were concealed in their mountain fastnesses, too hostile to be reached with any safety by small parties, and too timid and wild to be approached by a large body of men; consequently we have been compelled to use only such agencies as we could procure, and not such as we would have preferred;
[P. 7]
but having now opened the way, we hope to be able to proceed more rapidly, particularly if we are successful in negotiating a treaty with those whom we expect and hope to meet on the Fresno river.
Hoping to hear from you at your earliest convenience, and that what we have done, as well as what we may hereafter do, in relation to the high trust confided to us, may be entirely satisfactory,
Your obedient servants, respectfully,
G. W. Barbour
Redick McKee
0. M. Wozencraft is absent upon a flying visit to his family at San Francisco.
John McKee
Secy.

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[Cover]
B. 900
O.I.A. California
G. W. Barbour
R. McKee
Comm.
Camp Gibson on the Chouchille R. Cal.
March 25/51
Report of interviews & negotiations with tribes mentioned, since theirs of 5th inst. (B904) prospects of the Commissioner, &c, &c.--Encloses copy--treaty concluded with several of the tribes.
(Com. Wozencraft absent on visit to family at San Francisco)
Copied for Sup. Beale
File
Recd 7 May 1851
Sec letter to R. McKee,
Ans 9 May 1851
7. Corres, &
[Letter P. 1]
Camp Gibson on the Chouchille River, Cal
MarcH 25th, 1851.
Hon. Luke Lea
Sir,
We wrote you from tbe Little Mariposa, under date of the 5th instant; we then apprized you that, according to agreement, we expected to meet on the 9th inst., at Fremont's old camp, on the Little Mariposa, several of the hostile tribes. On the morning of the 8th we broke up our camp, and started for the place designated for the treaty; which we reached the same evening, after a march of some twelve miles. The country through which we passed, being nearer the foot of the Sierra Nevada, assumed a more broken appearance than any through which we had hitherto travelled.
On the 9th, the day agreed upon for the meeting, but one small band or tribe of Indians came in, to wit, the Coconoons; but we learned from their chief (Nuella) that others would be in within a few days; and we determined to await their arrival. In the mean time we had several interviews with Nuella and some of his men, for the purpose of learning something of the character, manners, habits, &c., of his people. After waiting several days, the chiefs Tiposey and Bautiste (both hostile,) with portions of their respective tribes, came in. They told us that others of their tribes, principally the old men, women, and children, would be in camp in the course of a day or two.
After awaiting their arrival, and all having come
[P. 2]
in that we now had a right to expect, on the 15th inst. we met the three tribes (Coconoons, Segantes, and Potoyantes) in council. Through the interpreters we apprized them fully of the object of our mission, the policy of our government as relates to the Indian, and the particular course that we desired to take with them, &c., the substance of which we have heretofore communicated to you, and which you will again find more fully explained by the provisions of a treaty subsequently made with them and three other tribes, a copy of which we have the honor of herewith forwarding to you.
After submitting our propositions to them, we desired them to retire and consult among tbemselves upon the terms that we had proposed, and in an hour we would again meet them and learn their decision, as well as hear propositions from them, if they desired to make any. When we again met them they expressed themselves satisfied with the terms we offered, except their removal from their mountain fastnesses to the plains immediately at the foot of the mountains. We then explained to them the necessity of such a removal and location, and that we could treat with them upon no other condition, believing that if they were permitted to remam in the mountains, constant conflicts between the Indians and miners would take place; that the Indians could not, nor would they attempt
[P. 3]
to support themselves, otherwise than by stealing horses, mules and cattle from the farmers in the plains, and by depredating upon small parties of miners in the mountains. After we had explained these matters fully to them, they again consulted together, and finally agreed to remove their families to the plains, as we desired.
It was then agreed that a delegation of the Indians, accompanied by the commissioners should go the next day to the Mercede river, (on which we proposed settling them,) and examine the lands to be agreed upon for their settlement, and then return and draw up and sign a formal written treaty. Accordingly, on the 16th Dr. Wozcncraft and Mr. Barbour, accompanied by two of the Indian chiefs, started for the Mercede river: on reaching the river they were met by a courier with a note from Dr. Owens, on the Tuolumne river (distant some twelve to fifteen miles,) informing them that three other tribes (two hostile and one friendly) were encamped near his "ranch," and desired to treat with the commissioner. These tribes had promised to meet us at "Fre­mont's camp," near the Mariposa, on the 9th, but had failed to do so; and fearing the consequences of their failure to meet us as they had promised, no doubt they adopted this course of falling upon our rear, sending word that they desired now to treat, &c., and thus elude the punishment due to their crimes and bad faith, that was ready to be
[P. 4]
inflicted on them by the "State's troops," who were encamped near us, and were only awaiting the result of our meeting, as before stated.
Dr. Wozencraft, accompanied by the interpreter and two friendly Indians, immediate1y started for their camp, whilst Mr. Barbour remained to examine and point out the lands designed to settle the before-mentioned tribes upon.
Dr. Wozencraft and party returned the next day, having arranged with those tribes on the Tuolumne to meet us in two days at our camp (Fremont,) and, with the three tribes already there, consummate, if possible, a final treaty.
Mr. Barbour having in the mean time selected lands entirely satisfactory to the Indian delegation that accompanied them for that purpose, they returned to camp.
On the day agreed upon, the three tribes, to wit: the Apangasse, Aplache, and Awalache, reached our camp, and after the Indians had all feasted and danced, on the 19th inst. a treaty (the copy of which we send you) was concluded, drawn up, and, after a correct interpretation and a full explanation to them, duly and formally signed, attested, &c.
On the 20th the Six tribes under the charge and supervision of Col. McKee, of the commission, and Col. A. Johnston, agent, with a small escort, left for the new homes of those tribes;
[P. 5]
but before leaving, "run­ners" were with much difficulty obtained from them, to visit other hostile tribes, and to propose to them to meet the commissioners on the Fresno river, as soon as practicable, (say within 15 days) for the purpose of treating.
Before leaving our camp we learned that a party of the State's troops, under Captain Kuykendall, had surprised and attacked a large body of Indians on the waters of the San Joaquin river, and after killing some of them, the remainder fled, but soon after sent in messengers asking for a cessation of hostilities, and permission to burn their dead, and at the same time expressing a willingness to treat, and a desire to meet the commissioners. Capt. Kuykendall complied with their wishes, as far as was in his power, and hastened to inform us of what had taken place, and that he had arranged with those Indians to meet us on the Fresno, to which place we will move in a few days, having halted at this place only for a few days in order to get supp1ies, &c.
We earnestly hope, from the prospects now before us, that in a few weeks we will have been enabled to treat with most of the hostile tribes in this vicinity, and thus restore peace to this part of the country; but we are apprehensive that there are some two
[P. 6]
or three tribes in this portion of the State that will have to be "whipped" into terms ; yet we shall use and exhaust all mild terms before we give them over to the forces that have been sent out against them. We find them generally to be a wretchedly ignorant, indolent and degraded set of beings, scarcely capable of discriminating, in the main, between right and wrong, and consequently slow to see that it would be to their interest to make treaties and live on friendly terms with the whites: hence we desire to use all mild means before resorting to harsh ones to bring them to terms.
Col. McKee has just returned from locating those tribes with whom we have treated, on lands set apart for them. He reports them as being well pleased with their new homes, and the whites living in the vicinity as having expressed a willingness, as far as in their power, to aid and further the benevolent designs contemplated in the treaty.
Our success heretofore has been much retarded and our movements slow, from the fact that the deadliest hostility existed between the whites and Indians ; and the latter were concealed in their mountain fastnesses, too hostile to be reached with any safety by small parties, and too timid and wild to be approached by a large body of men; consequently we have been compelled to use only such agencies as we could procure, and not such as we would have preferred;
[P. 7]
but having now opened the way, we hope to be able to proceed more rapidly, particularly if we are successful in negotiating a treaty with those whom we expect and hope to meet on the Fresno river.
Hoping to hear from you at your earliest convenience, and that what we have done, as well as what we may hereafter do, in relation to the high trust confided to us, may be entirely satisfactory,
Your obedient servants, respectfully,
G. W. Barbour
Redick McKee
0. M. Wozencraft is absent upon a flying visit to his family at San Francisco.
John McKee
Secy.